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STATE v. ROY

No. 47751.

265 N.W.2d 663 (1978)

STATE of Minnesota, Appellant, v. Darrell James ROY, Respondent.

Supreme Court of Minnesota.

April 28, 1978.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, Chief, Appellate Div., David W. Larson, Phebe S. Haugen and Lee Barry, Asst. County Attys., Minneapolis, for appellant.

Meshbesher, Singer & Spence, Ronald I. Meshbesher and Carol M. Grant, Minneapolis, for respondent.

Heard before ROGOSHESKE, KELLY, and WAHL, JJ., and considered and decided by the court en banc.

PER CURIAM.

This is a pretrial appeal by the state from an order of the district court suppressing evidence in a prosecution of defendant for first degree murder. The issue presented for determination is the legality of the warrantless seizure of defendant's automobile in Alexandria and its towing by police to Minneapolis, where it was searched pursuant to a warrant. We conclude that the warrantless seizure and removal of the automobile did not violate the Fourth...

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